Few may rebate that internet, is majorly responsible for most of the mayor changes in the past fifteen years in fields such as science, communications, technology, commerce amongst other being necessary to adapt the legal system regulating it. Honduras has not been the exception in this modernization process regardless of the civil code nature of its legal system which is not as adaptable as common law systems are ...
As the U.S. involvement in conflicts around the world continues to draw down, hundreds of thousands of veterans are returning to the civilian work force. In fact, more than 100,000 troops are estimated to return to the workforce in the next three years. Many of these service members were employed in the private sector prior to their military service. The Uniform Services Employment and Reemployment Rights Act (“USERRA”), 38 U.S.C. § 4301 et seq ...
The Centers for Disease Control has ranked West Virginia as having the third highest percentage of obese adults in the United States, and the percentage of obese adults in Virginia, North Carolina and Pennsylvania rival that of West Virginia. Such a high percentage of overweight adults renders the possibility that obesity could become a protected class, and thus could become an issue to all employers ...
The United States Supreme Court has recently armed employers with two new defenses while settling an issue that may otherwise have been of fairly limited direct interest to most employers. The Court resolved a recent circuit split – the issue was largely resolved until 2009 regarding whether pharmaceutical representatives qualified as outside salesmen under the Fair Labor Standards Act ...
Introduction Title and date of national law The Act on the protection of privacy in relation to the processing of personal data of December 8,1992 (the 'Data Protection Act' or 'DPA') and its Royal Decree of February 13, 2001. Relation with international instruments The DPA implements EU Directive 95/46/EC on the protection of individuals regarding the processing of personal data and the free movement of such data ...
A number of laws and regulations have been promulgated in the past few years to introduce a series of changes to the PRC Labour Law, among which the key legislations are the PRC Labour Contract Law effective on 1 January 2008 and its detailed implementing regulations effective on 18 September 2008 ("Laws") ...
The Supreme Court of Poland has held that recognition in Poland of French sauvegarde proceedings, which are covered by the EU’s Insolvency Regulation (1346/2000), is consistent with Polish public policy. The ruling was issued in cases involving a Polish company that sought protection against insolvency in France. The Supreme Court upheld the debtor’s argument that there was no basis for the lower courts in Poland to refuse torecognise the French proceedings ...
The employer, Centre Jeunesse de Montreal - University Institute (Hereinafter the "Centre") adopted a dess code as well as a piercings, tattoos and personal appearance policy for its employees (Hereinafter the "Policy") Although the validity of the policy was contested by the CANADIAN UNION OF PUBLIC EMPLOYEES, local 4268 (Hereinafter the "Union"), the arbitrator, Mr ...
On August 9, 2012, the Supreme Court of Canada granted the application for leave to appeal filed by Vivendi Canada Inc. against the decision rendered in February 2012 by the Québec Court of Appeal. This decision authorized Mr. Michel Dell’Aniello to bring a class action against Vivendi Canada Inc. in connection with revisions made unilaterally by Vivendi Canada Inc. to the group medical insurance benefits plan for retirees ...
For employment lawyers, the elements of an employment discrimination lawsuit are second nature: a plaintiff must belong to a protected class,the employer must make an adverse employment decision, and the employermust act based on the plaintiff’s protected status. And, for the most part, employment lawyers have mastered the art of defending clients against these claims and advising on strategies and policies to avoid them altogether or minimize the likelihood of success ...
For employment lawyers, the elements of an employment discrimination lawsuit are second nature: a plaintiff must belong to a protected class, the employer must make an adverse employment decision, and the employer must act based on the plaintiff’s protected status. And, for the most part, employment lawyers have mastered the art of defending clients against these claims and advising on strategies and policies to avoid them altogether or minimize the likelihood of success ...
CLS Bank and Bancorp: Back to Back Federal Circuit Decisions Offer Different Conclusions on Patentability 08/03/2012 Richard D. Rochford, Casey H. Kempner The issue of whether particular inventions include “patent eligible” subject matter under § 101 of the patent statute has become highly controversial in recent years, raising questions with high economic stakes and profound legal and philosophical implications. Twice the Supreme Court has entered the fray, first in Bilski v ...
Employers who consider arrest and conviction records when making employment decisions should be aware that the Equal Employment Opportunity Commission (the "EEOC") has issued new enforcement guidance regarding the issue ...
Creators of software programs may not be able to prevent the resale of 'used' copies of software programs legitimately paid for and downloaded by their own customers from the internet.It follows a recent Opinion from Advocate General Yves Bot, a legal adviser to the European Court of Justice (ECJ), in Axel W. Bierbach (liquidator of UsedSoft GmbH) v Oracle International Corp ...
Third Amendment to the Employment CodeLaw 23/2012, which was published on 25 June, introduces the third amendment to the Employment Code. The new legislative text results, to a great extent, from the commitments made by the Portuguese State in the Memorandum of Understanding of 17 May 2012, and its aim is to improve employment legislation by updating, organising and speeding up processes ...
GOVERNMENT PUBLISHED PROPOSAL TO CHANGE THE INSOLVENCY REGIME Insolvency proceedings are currently governed by the Insolvency and Corporate Recovery Code approved by Decree-Law 53/04 of 18 March (referred to here by its Portuguese initials ‘CIRE’). From its entry into force to date, this legislation has been subject to five legislative amendments ...
On the 10 May 2012, the Swedish parliament enacted a permanent exemption to the Swedish Public Procurement Act (2007:1091) (“LOU”) for the direct award of contracts to affiliated companies.[1]Parliament also decided to enact an option for municipalities and county councils to delegate the competence to make decisions in relation to public procurement procedures to central purchasing bodies ...
The question of liability for the work environment is increasingly in focus as are the demands on those parties who are responsible for knowing what applies and for taking action in accordance with these demands. Below, we address two aspects of the work environment issue and the importance of both investigating and being aware of the applicable provisions. I ...
Several of the players which regularly participate in public procurements are aware of the extended right to make an application to the court to have procurement cases reviewed. Almost a year has passed since the Supreme Administrative Court extended the right for suppliers to appeal in procurement cases to encompass a greater range of situations ...
Employers and employees in B.C. will soon benefit from a long-awaited and wide-ranging overhaul to the Pensions Benefits Standards Act (PBSA). Significant changes to how pensions are structured and administered in B.C. have followed the passing of Bill 38 on May 31, 2012. The Bill repeals and replaces the PBSA, which has remained largely unchanged since it was first introduced in 1993 ...
In a recent decision, Jean C. Omegachem Inc.1. The Court of Appeal answered that question by ruling that an employee's refusal to sign a non-competition agreement during employment, which had been discussed when the employee was hired but presented to him three years after commencement of employment, is not a just and sufficient cause for dismissal ...
